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First Questions to ask

What would be the most appropriate approach(es) to achieve this end?

Would referring the matter through the complaints procedure be counterproductive i.e. is this an immediate problem which needs to be solved quickly?

Often the best way to sort a problem out quickly is for the complainant to speak to the member of staff responsible for the service about which they are unhappy - particularly if they need immediate action because the problem is happening now or is about ongoing treatment/care.

If the complainant does not feel comfortable in approaching a member of staff directly, or have tried and haven’t seen the response they had hoped for, then there is still an opportunity for the Patient Advice and Liaison Service (PALS) (external link) to support them to resolve the problem. PALS has the power to negotiate speedy resolution of problems by liaising with staff, managers and other organisations.

Is there something which can be done outside of the complaints procedure e.g. liaison with PALS?

The Department of Health expects all client support services to work together to help resolve complainants' problems. How the services interact and work together will ensure that complainants experience seamless support across all three services.

In the Good practice toolkit (external link) for local resolution, there are suggestions for developing protocols for joint working that set the boundaries within which each should operate. Although the independence of ICAS is of paramount importance to complainants, it is useful for ICAS advocates to see what complainants should expect from the NHS when dealing with their complaints:

  • Shared client information
    Information relevant to helping the client resolve his or her problem should be made freely available across services to relevant officers - with the client's permission and respecting issues of client confidentiality.
  • Ownership of the case
    If the client's problem crosses service boundaries, ownership of the case should be agreed as part of the referral process. The criteria for ownership are likely to vary depending on individual circumstances and need to be negotiated between the services - if necessary on a case-by-case basis.
  • Client focused
    The needs and interests of the client should remain paramount throughout. Referral procedures should reflect this focus. For example, through sharing information, allowing the client to retell his or her story, being prepared to retell it on their behalf, and allowing the client to change the definition of the problem.
  • Contributing to improved services
    A common form of reporting should be agreed, and this should include information regarding outcomes. Feedback mechanisms to ensure service improvement should be defined such as through clinical governance.
  • Co-operation
    Where possible services should offer joint training to raise awareness of common issues. This should include explaining the different services' roles in networking such as health-based services that are members of the local community legal services partnership.
  • Regular networking
    Staff from all the services should meet regularly to discuss issues around client support, to exchange ideas and to share good practice.
  • Knowledge of other services
    It is essential that each client support service is aware of how the other services operate. This can be done through network meetings and joint training, and service information sharing.
  • Lines of referral and communication
    There should be agreed procedures for referring clients from one service to another - and if necessary back again. There should be arrangements so that clients have the option of making direct contact with services, as well as the option of referral by a member of staff. At all times both the client and the relevant staff members should be informed of progress and decisions.

Check with your manager to find out what local protocols already exist.

Next: Are there other issues which need to be taken into consideration?

 

ICAS Resources for the complaints journey
April 18, 2007
ICAS Resources for the complaints journey